ANIL KUMAR SHARMA Vs. STATE

JUDGEMENT

(1.) The appellant was convicted under section 302 and 377 of the Indian Penal Code, 1860 (for short IPC) vide judgement dated 20.07.1996 and he was sentenced to undergo imprisonment for life for offence U/S 302 IPC and pay a fine of Rs 1,000/- and in default of payment of fine to further undergo rigourous imprisonment for a period of 6 months. For the offence U/S 377 he was awarded R.I for a period of 5 years and to pay a fine of Rs 500/- and in default of payment of fine further undergo rigourous imprisonment for 3 months vide order on sentence of the even date. Both the sentences are to run concurrently.

(2.) The appellant was granted bail on 25.08.2000 till the disposal of the appeal. The appeal was listed before us. NBWs were issued to the appellant to secure his presence. However the appellant has failed to surrender and could not be located. The proceeding under section 82/83 Cr.P.C. were initiated against the appellant vide order dated 13.08.2009. A report of the trial court has been brought on record which states that the accused could not be traced as all the jhuggis in that area had been removed.

(3.) This Court has been faced with a number of appeals where the accused has either jumped the parole or where the sentence was suspended on account of the appeal not being taken up for hearing has become untraceable and neither the appellant nor the counsel appears to argue the appeal. A question arose how such matters have to be dealt with and the said aspect forms a part of the pronouncement by a Co-ordinate Bench of this Court in Mukesh Vs. State 2008 (3) JCC 1986. The Division Bench after discussing the different legal pronouncements of the Apex Court observed as under: